Tenants and Discrimination in Renting: Your Guide in NSW

Understanding your rights as a tenant in New South Wales (NSW) is crucial when it comes to preventing discrimination in the renting process. Being aware of these rights helps ensure fair treatment, whether you're searching for a new home or dealing with issues as an existing tenant.

Understanding Discrimination in Renting

In NSW, the Anti-Discrimination Act 1977 protects tenants from discrimination based on attributes such as race, ethnicity, sex, disability, or age. Discrimination might occur during tenancy applications, rental negotiations, or while you are living in a property.

Common Forms of Discrimination

• Being refused a rental application because of ethnicity or nationality
• Unfair treatment in tenancy terms due to age or disability
• Harassment or being asked to leave based on gender identity or sexual orientation

Legal Protections for Tenants

Under the Residential Tenancies Act 2010, landlords are required to treat all rental applicants and tenants equally. If a tenant believes they have been discriminated against, they can file a complaint with the NSW Fair Trading or seek assistance from the NSW Civil and Administrative Tribunal (NCAT).

How to Respond to Discrimination

1. Document the Incident: Keep detailed records of all interactions that might demonstrate discrimination.
2. File a Complaint: Lodging a complaint with NSW Fair Trading can prompt an investigation into the issue.
3. Seek Legal Advice: Contact a legal aid service specializing in housing or discrimination cases for guidance.

Tenants have the right to live in a home where they are treated fairly, regardless of personal attributes.

Legislation and Forms

For tenants seeking to address discrimination, the Fair Trading Act 1987 provides guidance on how to proceed. The Anti-Discrimination Board can be another resource for escalating issues if a resolution is not reached through Fair Trading.

Need Help? Resources for Renters

• NSW Fair Trading: Assistance with rental disputes and rights
• NCAT: For filing applications related to tenancy disputes
• Legal Aid NSW: Legal advice and support for tenants facing discrimination
• Anti-Discrimination NSW: For filing discrimination complaints and seeking guidance

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1. What should I do if I face discrimination when applying for a rental? Contact NSW Fair Trading to understand your rights and possibly file a complaint.
2. Can my landlord evict me based on my sexual orientation? No, such an action is illegal under the Anti-Discrimination Act 1977.
3. How do I make a complaint about discrimination? Gather evidence and submit your complaint to Anti-Discrimination NSW or NSW Fair Trading.

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1. How to file a discrimination complaint in New South Wales
   1. Step 1: Gather EvidenceDetail any discrimination you have suffered and keep notes of conversations and events.
   2. Step 2: Contact Anti-Discrimination NSWVisit their website to begin the complaint process and receive guidance on rights.
   3. Step 3: Follow UpMonitor the progress of your complaint through NSW Fair Trading or the relevant body.

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